Ord 786ORDINANCE NO. 786
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING A NEW CHAPTER 9.32 TO TITLE 9 OF THE
POWAY MUNICIPAL CODE, PROHIBITING MOBILE
MARIJUANA DISPENSARIES WITHIN THE CITY OF POWAY
WHEREAS, on February 7, 2012, the City Council adopted Ordinance No. 736,
prohibiting medical marijuana dispensaries, cooperatives, and collectives in all zones
within the City of Poway; and
WHEREAS, the State of California enacted the Medical Marijuana Regulations and
Safety Act (MMRSA) that establishes State licensing and regulatory framework for several
activities related to medical marijuana; and
WHEREAS, there is a provision in the MMRSA that State law will not supersede
local Ordinances that have been passed by March 1, 2016; and
WHEREAS, in order to protect the public health, safety and welfare, the City
Council desires to prohibit mobile marijuana dispensaries within the City limits.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1. Based upon the record as a whole, this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA guidelines in that the Ordinance is designed to protect the public
health, safety and welfare and there is no possibility that this will have a significant effect
on the environment.
Section 2. A new Chapter 9.32 of Title 9 of the Poway Municipal Code is hereby
added to read as follows:
Chapter 9.32
MOBILE MARIJUANA DISPENSARIES
9.32.010 Definitions.
9.32.020 Mobile Marijuana Dispensaries Prohibited.
9.32.030 Marijuana Delivery Prohibited.
9.32.040 Public Nuisance Declared.
9.32.050 Violations.
Section 9.32.010 Definitions.
The following words and phrases shall, for the purposes of this chapter, have the
meanings respectively ascribed to them by this section, as follows:
Ordinance No. 786
Page 2
"Mobile Marijuana Dispensary" means any clinic, cooperative, club, business or
group which transports or delivers, or arranges the transportation or delivery, of medical
marijuana to a person.
"Person" means any person, firm, corporation, association, club, society, or other
organization. The term person shall include any owner, manager, proprietor, employee,
volunteer or salesperson.
- "Operation" means any effort to locate, operate, own, lease, supply, allow to be
operated, or aid, abet or assist in the operation of a Mobile Marijuana Dispensary.
9.32.020 Mobile Marijuana Dispensaries Prohibited.
Mobile marijuana dispensaries are prohibited in the City of Poway. No person shall
locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation of
any mobile marijuana dispensary within the City limits.
9.32.030 Marijuana Delivery Prohibited.
(a) No person shall deliver marijuana to any location within the City from a mobile
marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or
engage in any operation for this purpose.
(b) No person shall deliver any marijuana- infused product such as tinctures, baked
goods or other consumable products, to any location within the City from a mobile
marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or
engage in any operation for this purpose.
9.32.040 Public Nuisance Declared.
The operation of any mobile marijuana dispensary within the City in violation of the
provisions of this chapter is hereby declared a public nuisance and shall be abated
pursuant to all available remedies.
9.32.050 Violations.
Violations of this chapter may be enforced by any applicable law. Notwithstanding
any other provision of the Code, a violation of this chapter is not subject to criminal
penalties.
Section 3. This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days following
its passage and adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code § 36933.
Ordinance No. 786
Page 3
Introduced and first read at a regular meeting of the City Council of the City of
Poway this 12th day of January 2016, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held on the 28th day of January 2016.
Steve Vaus, Mayor
ATTEST:
v .010( aChA
Sheila R.�Cobian, CIVIC, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify that the
foregoing Ordinance No.786, was duly adopted by the City Council at a regular meeting of
said City Council held on the 28th day of January 2016, and that it was so adopted by the
following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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Sheila R. Cobian, CM, dty er%
City of Poway